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Hello,
I'm in a joint tenancy contract in a student house. This all began when we first move in as this tenant didn't pay the first months rent due to saying that his student loan had not come through. We paid as some members of the house needed to be in ASAP due to student placement beginning. I requested an email stating he'd pay us back within one month fo the date we had paid it which he sent and did pay us back. Over the next few months he paid rent late and our landlord was very kind.. However, now he is 2 and a bit months rent behind totally in £810 and £12ish in internet fees which he has not paid and claims again his student loan hasn't come through so he wont pay untill it does come through. We've spoken to our landlord and discussed options such as ending the tenancy and restarting it without him if he does sign to end that is however due to the Covid situation and uni being closed we will not be able to find a new tenant and will still be liable for his section of the rent. So we've put that idea out the window.. We all including the landlord have tried contacting his guarantor he has now changed his phone number and ignored emails and a recorded delivery of a copy of the email the landlord had sent. So we have decided we want to take him to small claims court for the money we have just paid and want him to ensure the funds for future payments are readily avaliable on the dates they are due. Would anyone be able to advise me who we should be taking to the court would it be better to take the guarantor? as the tenant has claimed to not have any money as doesn't own any property due to still living at home and not owning anything i.e. car etc. This has had immense stress impact on my life and my housemates. We have paid this so it doesn't fall back on our guarantors as we are all adults and want to sort it out. But legally do I have standing to take him to the small claims what kind of evidence would I need?*
Kind regards,
Jasmine**
I'm in a joint tenancy contract in a student house. This all began when we first move in as this tenant didn't pay the first months rent due to saying that his student loan had not come through. We paid as some members of the house needed to be in ASAP due to student placement beginning. I requested an email stating he'd pay us back within one month fo the date we had paid it which he sent and did pay us back. Over the next few months he paid rent late and our landlord was very kind.. However, now he is 2 and a bit months rent behind totally in £810 and £12ish in internet fees which he has not paid and claims again his student loan hasn't come through so he wont pay untill it does come through. We've spoken to our landlord and discussed options such as ending the tenancy and restarting it without him if he does sign to end that is however due to the Covid situation and uni being closed we will not be able to find a new tenant and will still be liable for his section of the rent. So we've put that idea out the window.. We all including the landlord have tried contacting his guarantor he has now changed his phone number and ignored emails and a recorded delivery of a copy of the email the landlord had sent. So we have decided we want to take him to small claims court for the money we have just paid and want him to ensure the funds for future payments are readily avaliable on the dates they are due. Would anyone be able to advise me who we should be taking to the court would it be better to take the guarantor? as the tenant has claimed to not have any money as doesn't own any property due to still living at home and not owning anything i.e. car etc. This has had immense stress impact on my life and my housemates. We have paid this so it doesn't fall back on our guarantors as we are all adults and want to sort it out. But legally do I have standing to take him to the small claims what kind of evidence would I need?*
Kind regards,
Jasmine**
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